Division I. General Provisions
Chapter 17.01
GENERAL PROVISIONS
Sections:
17.01.030 Purposes of the zoning title.
17.01.050 Repealed.
17.01.060 Relationship to other regulations and requirements.
17.01.070 Buildings under construction.
17.01.100 Permit Streamlining Act.
17.01.010 Citation.
This title of the Escalon Municipal Code shall be known and cited as the “Escalon zoning ordinance.” (Ord. 495 § 1, 2005)
17.01.020 Authority.
This title is adopted pursuant to the authority contained in Section 65850 et seq. of the California Government Code. (Ord. 495 § 1, 2005)
17.01.030 Purposes of the zoning title.
The purpose of the zoning title is to protect and to promote the public health, safety, peace, comfort, convenience, prosperity, and general welfare. More specifically, the zoning title is adopted in order to achieve the following objectives:
A. To provide a precise guide for the physical development of the city in such a manner as to achieve the arrangement of land uses depicted in the Escalon general plan consistent with the goals and policies of the general plan.
B. To foster a harmonious, convenient, and workable relationship among land uses.
C. To promote the stability of existing land uses that conform with the general plan and to protect them from inharmonious influences and harmful intrusions.
D. To ensure that public and private lands are ultimately used for the purposes which are most appropriate and most beneficial from the standpoint of the city as a whole.
E. To promote a safe, effective traffic circulation system.
F. To foster the provision of adequate off-street parking and off-street loading facilities.
G. To facilitate the appropriate location of community facilities and institutions.
H. To protect and enhance real property values.
I. To safeguard and enhance the appearance of the city. (Ord. 495 § 1, 2005)
17.01.040 Applicability.
This title shall apply, to the extent permitted by law, to all real property in incorporated Escalon, whether owned by private persons, firms, corporations, or organizations; by the United States or any of its agencies; by the State of California or any of its agencies or political subdivisions; by any county or city, including the City of Escalon; or by any authority or public entity organized under the laws of the State of California. Any governmental agency shall be exempt from the provisions of this title only to the extent that such real property may not be lawfully regulated by the City of Escalon. (Ord. 495 § 1, 2005)
17.01.050 Violations of this title.
Repealed by Ord. 530. (Ord. 495 § 1, 2005)
17.01.060 Relationship to other regulations and requirements.
A. The regulations of this title and requirements or conditions imposed pursuant to this title shall not supersede any other regulations or requirement adopted or imposed by the Escalon city council, any board, commission, or department of the City of Escalon, or any other local, state, or federal agency that has jurisdiction by law over uses and development authorized by this title. All uses and development authorized by this title shall comply with all other such regulations and requirements. Where two or more ordinances regulate the same use or activity, the more restrictive ordinance shall apply.
B. Nothing contained in this title shall be deemed to repeal or amend any regulation of the city requiring a permit or license or both for any business, trade, or occupation nor shall anything in this title be deemed to repeal or amend the building code of the City of Escalon.
C. In no case shall the time limit for action required by this title for any approving body exceed time limits as set forth in Government Code Section 65920 et seq., otherwise known as the Permit Streamlining Act. (Ord. 495 § 1, 2005)
17.01.070 Buildings under construction.
Any building or structure for which a building permit has been issued prior to the effective date of this title may be completed and used in accordance with the plans, specifications, and permits on which said building permit was granted, if construction is commenced within one year after the issuance of said permit and diligently pursued to completion. No extensions of time shall be granted for commencement of construction. (Ord. 495 § 1, 2005)
17.01.080 Severability.
If any section, subsection, paragraph, sentence, clause, or phrase of this title is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this title. The Escalon city council hereby declares that it would have passed this title, and each section, subsection, sentence, clause, and phrase thereof, regardless of the fact that any or one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. (Ord. 495 § 1, 2005)
17.01.090 Fees.
The city council shall establish by resolution, and may amend and revise from time to time, fees for processing the various applications authorized or required by this title. All fees shall be paid at the time an application is filed, and no processing shall commence until the fee is paid in full. (Ord. 495 § 1, 2005)
17.01.100 Permit Streamlining Act.
It is the purpose of this title that all actions taken by the decision-making body pursuant to this title that are solely adjudicatory in nature are within a time frame consistent with the provisions of Government Code Section 65920 et seq. (the Permit Streamlining Act). Nothing in this title shall be interpreted as imposing time limits on actions taken by the decision-making body pursuant to this title that are legislative in nature or that require both adjudicatory and legislative judgments. (Ord. 495 § 1, 2005)
17.01.110 Land use.
No land shall be used, and no building or structure shall be erected, enlarged, altered, moved, or used in any zone, as zones are shown on the zoning map, except in accordance with the terms of this title. (Ord. 495 § 1, 2005)